email606.xml

email606.xml

born-digital

email

unknown

yes

2002-08-26

+== TIME-OUT PROJECT ==+

In a court action with wide-ranging implications, a watchdog group has
filed a motion in U.S. District Court asking to intervene in the case of
a U.S.-born Saudi Arabian Taliban fighter. The non-profit group of
attorneys and immigration experts, Friends of Immigration Law
Enforcement (FILE), argues that the captured fighter, Yaser Esam Hamdi,
is not a U.S. citizen despite his Louisiana birth.

Judge Robert G. Doumar, who is presiding in the case, must now decide
whether to allow FILE to make the argument in court that Hamdi's birth
to Saudi nationals in the United States on temporary work visas does not
grant Hamdi automatic U.S. citizenship.

According to the group, the Citizenship Clause of the Fourteenth
Amendment does not mandate the current practice of granting "birthright
citizenship" to children born on U.S. soil to temporary workers, illegal
immigrants, and tourists. Nor does case law support the custom.

"The situation we have today is absurd," charges FILE's director, Craig
Nelsen. "For example, there is a huge and growing industry in Asia that
arranges tourist visas for pregnant women so they can fly to the United
States and give birth to an American. Obviously, this was not the
intent of the Fourteenth Amendment; it makes a mockery of citizenship."

In an August 16 letter to Solicitor General Ted Olson, whose office is
handling the case, the group asked the Justice Department to declare
Hamdi a Saudi national, asserting that he is "not an American in any
real sense of the word." The letter argued that Hamdi's case -- already
likely to end up in the Supreme Court -- provides a "historic and
excellent opportunity...to address the true meaning and intent of the
Citizenship Clause."

The August 21 motion, filed by the group under Rule 42 of the Federal
Rules of Civil Procedure, asks the court to allow the group to intervene
on the side of the defendant, U.S. Secretary of Defense Donald
Rumsfeld.

"We have raised serious legal points in our complaint, and feel
confident Judge Doumar will grant the motion," says the group.

But Frank W. Dunham Jr., Yaser Hamdi's federal public defender,
disagrees, telling one reporter that FILE's motion has no chance
because, "If the baby is born here, nobody in this day and age
challenges that the person isn't a citizen.'' Dunham offered no legal
argument, but did say, "This is the land of the free and the home of the
brave.''
____________________________
Group argues U.S.-born detainee is not an American citizen (Associated
Press)
http://www.wavy.com/Global/story.asp?S=906901&nav=23iiAqMU

Immigration group says captive is no U.S. citizen (Virginian-Pilot)
http://www.pilotonline.com/military/ml0823ham.html

FILE's motion and complaint
http://fileus.com/dept/citizenship/hamdi/index.html


+== TAKE POSITIVE ACTION ==+

Some Americans speak of birthright citizenship as if it were an
immutable law of nature. It is not. It is only a bad habit that could
be broken with a simple Executive Order.

According to estimates, some 200,000 so-called anchor babies are born in
the United States every year. In a world of frightening new demographic
realities, it is vital that we end the foolish custom of granting
birthright citizenship to any child that happens to be born here.

Please call the Attorney General's office and politely let it know that
you are one of the many Americans concerned about the integrity of U.S.
citizenship. Leave a message saying you are outraged that Yaser Hamdi
is deemed a U.S. citizen. Mention it is time the United States end the
absurd, needless, and dangerous practice of granting birthright
citizenship to the children of illegal aliens, temporary workers, and
tourists.

Office of the Attorney General public comment line
202-353-1555


+== QUOTE OF THE WEEK ==+

Our citizenship in the United States is our national character.

Thomas Paine (1783)


+== EMAIL OF THE WEEK ==+

As a NYC Police Officer, I can tell you this. The best way to guarantee
total security on American soil is to stop immigration and institute a
policy of massive deportation. Remember, if you are not an American
citizen then you are not guaranteed any rights under our constitution.

Kevin Sinclair
New York, NY


+==INFORMATION==+

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http://projectusa.org/Ezine/02-07-02-12.html#020826

Aug. 25, 2002

Captive is no U.S. citizen, says group in court papers